Question:
Our HOA announced in a letter their intent to fine a specific person, by name, and want the homeowners to vote to sue them. Is this legal? Also, on the same letter they put “no response means any household votes in favor of the measure” is this legal?
– Linda
Answer:
Hi Linda,
Whether these actions are legal may depend on the governing documents. Kindly review them to see how the HOA is supposed to issue fines, take legal action, or gather votes. Normally, HOAs are allowed to recover fines for violations, but the governing documents may have provisions when it comes to the process and releasing names. HOAs are also allowed to take legal action against homeowners when there is a legal basis. However, with regard to voting, it must follow the voting procedures outlined in the governing documents. The governing documents may also contain provisions regarding voting on lawsuits. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
